Full Title Name: Table of Veterinary Reporting Requirement and Immunity Laws

This table analyzes state laws that either require or permit veterinarians to report suspected animal abuse. Approximately 29 states have laws that either mandate the reporting of animal cruelty by veterinarians, permit veterinarians to report suspected abuse, and/or immunize them against lawsuits arising from them reporting such incidents.

This table lists the approximate 29 states that laws (see below where administrative rules of professional conduct may oblige licensed veterinarians to report) related to the reporting of animal cruelty by veterinarians. Many states such as California , Colorado , Illinois , Minnesota , Oklahoma , and West Virginia place a duty upon state-licensed veterinarians to report suspected animal cruelty to the proper authorities described by statute. Usually, this consists of reporting the abuse to local law enforcement agencies. In addition, Arizona and Wisconsin specifically mandate that veterinarians report suspected instances of dogfighting. Other states do not require veterinarians to report animal abuse, but rather allow veterinary professionals to take such action. These voluntary reporting statutes, as seen in states such as Georgia , Maryland , and Maine among others, give veterinarians the authority to break patient-client confidentiality and report abuse. Further, in most states with either a mandatory or voluntary reporting law, a companion immunity provision is also provided. Such an immunity statute protects a veterinarian from any civil liability (and sometimes criminal) arising from the reporting of the abuse. Thus, if a veterinarian reported injuries he or she found consistent with intentional animal abuse to local authorities, he or she could not be sued by the owner of the animal for libel or defamation.

In addition to reporting requirements in state laws, states may have administrative provisions that concern reporting of animal cruelty. For example, under Kansas' rules of professional conduct for veterinarians, the failure by a veterinarian to report to proper authorities the cruel or inhumane treatment of animals, if he or she has direct knowledge, is grounds for disciplinary action. Oklahoma has a similar provision in its Rules of Professional Conduct for veterinarians ( See Okla. Admin. Code 775:10-5-30(8)). North Dakota includes in its list of professional misconduct: "Failing to report to law enforcement or humane officers inhumane treatment to animals, including staged animal fights or training events for fights, the veterinarian reasonably believed occurred." ND ADC 87-05-02-01(8). Other states such as Alabama, Maryland, and Virginia also have reporting requirements in their rules of professional responsibility for licensed veterinarians.

Despite the recent surge in reporting laws, some veterinarians and professional organizations hesitate to embrace such laws. Veterinarians have concerns over breaking client confidentiality with the owners of their patients as well as concerns about accurately detecting signs of animal abuse. The premier professional organizations for veterinarians, the American Veterinary Medical Association (AVMA) and the American Animal Hospital Association (AAHA), have both issued policy statements that address reporting of animal abuse by veterinarians. The AAHA position statement provides that veterinarians should be required to report where client education has failed or where "immediate intervention" is necessitated, but "only when the law exempts veterinarians from civil and criminal liability for reporting" (to read the policy statement, click here ). Many animal welfare advocates suggest that a veterinarian's role is critical in both detecting and preventing further abuse. However, there is limited information as to whether state reporting statutes have increased the prosecution of those who abuse animals under their care.

Vet shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section; immune from a lawsuit for his or her part in an investigation of cruelty to animals.

GA

GA ST 4-11-17

Licensed accredited veterinarian or veterinary technician

Voluntary reporting

Reasonable cause to believe that an animal has been subjected to animal cruelty or dog fighting may make or cause to be made a report of such violation

Any person participating in the making of a report shall be immune from any civil or criminal liability provided such participation is made in good faith.

Specifically includes veterinary technicians in reporting and immunity law

A vet shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this chapter. Such a veterinarian is protected from a lawsuit for his part in an investigation of cruelty to animals

A veterinarian who participates or reports in bad faith or with malice shall not be protected under the provisions of this section

Observes or is presented with an animal or animals for the treatment of aggravated cruelty must file a report with the Department

Any veterinarian who in good faith makes a report, has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions.

The report must furnish the owner's name, the date of receipt of the animal or animals and any treatment administered, and a description of the animal or animals involved, including a microchip number.

Mandatory professional duty to report by veterinarians (grounds for disciplinary action for failure to report)

It is considered "unprofessional conduct" and shall constitute grounds for disciplinary action for a licensed veterinarian to fail to report "to the proper authorities cruel or inhumane treatment to animals, if the veterinarian has direct knowledge of the cruel or inhumane treatment."

The owner or custodian of an animal placed for adoption or killed shall not be entitled to recover damages for the placement or killing of such animal unless the owner proves that such placement or killing was unwarranted.

Privilege for confidentiality of client’s records waived if reporting cruel or inhumane treatment of animal to federal, state, or local governmental agencies

In good faith reports that an animal that the veterinarian or veterinary technician knows or reasonably believes to be abandoned, neglected, or abused is immune from civil or criminal liability for making the report.

Reports, in good faith and in the normal course of business, a suspected incident of animal cruelty to the proper authorities shall be immune from liability in any civil or criminal action brought against the veterinarian for reporting the incident

Any animal health care professional while acting in official capacity in scope of employment

Mandatory duty

Observes or is involved in an incident that leads him or her to suspect that an animal has been abandoned, cruelly neglected, or cruelly mistreated shall report such incident to an entity that investigates in the jurisdiction.

Any person making a report is immune from liability except for false statements of fact made with malicious intent.

The law impose a duty to report, but not a duty to investigate :

"Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected

Held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this section Veterinarian under this paragraph protected from a lawsuit for his part in an investigation of cruelty to animals

When a veterinarian reasonably and in good faith suspects that a companion animal's injury, illness or condition is the result of animal cruelty, the veterinarian may report the incident and disclose records concerning the companion animal's condition

A veterinarian who reasonably and in good faith reports or discloses records shall be immune from liability in the form of damages in any civil or criminal proceeding on account of such reporting or disclosure

A failure by a veterinarian to make a report of animal cruelty shall not constitute grounds for disciplinary action under G.S. 90-187.8.

Reasonable cause to believe that an animal has been the subject of animal cruelty and who makes a report of animal cruelty, or who participates in any investigation or testifies shall be immune from civil liability, criminal liability, and liability from professional disciplinary action

Shall not be in breach of any veterinarian-patient confidentiality, unless the veterinarian acted in bad faith or with a malicious purpose.

A veterinarian shall report suspected cases of animal abuse to a local law enforcement agency in the county where the veterinarian is practicing within 24 hours of examination or treatment which the veterinarian reasonably suspects and believes has been abused

A veterinarian who files a report as provided in this section shall be immune from civil liability with respect to any report made in good faith

Report must be made within 24 hours of examination

The report shall contain the breed and description of the animal together with the name and address of the owner.

Voluntary duty for veterinarians and technicians to report abandonment, neglect, or abuse

Licensed veterinarians and veterinary technicians may report to peace officers, animal control officers or officers of private organizations devoted to humane treatment of animals any animal that the veterinarian or veterinary technician knows or reasonably believes to be abandoned, neglected or abused. Any veterinarian or veterinary technician making a report under this section is immune from any civil or criminal liability by reason of making the report

Shall be held harmless from either criminal or civil liability arising out of any reports, either oral or written concerning any animal that the veterinarian knows or reasonably believed to be abandoned, neglected, or abused, and shall be immune from suit by reason of making the report

Veterinarian who participates or reports in bad faith or with malice shall not be protected under the provisions of this section

A veterinarian who in good faith and in the normal course of business reports to the appropriate governmental entity a suspected incident of animal cruelty is immune from liability in a civil or criminal action brought against the veterinarian for reporting the incident

In good faith and in the normal course of business, reports a suspected case of animal cruelty to law enforcement or the proper authorities is immune from liability in any civil or criminal action brought against the veterinarian for reporting the suspected cruelty

VA

VA ST § 54.1-3812.1

Veterinarian

No duty

Immunity from civil or criminal liability or administrative penalty/ sanction for providing records or information or testifying in cases of suspected cruelty unless done in bad faith or with malicious purpose

No monetary liability/no cause of action for damages shall arise against, a veterinarian who, in good faith and in the normal course of practice, reports suspected cases of cruelty to animals, to any humane officer or local board of health officer or agent

Any veterinarian who has reason to believe that an animal has been in a fight shall report the matter to the local humane officer or to a local law enforcement agency. The report shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known

WV

WV ST § 7-10-4a

Licensed veterinarian

(also the right of any other person to voluntarily report)

Mandatory duty

Duty of any licensed veterinarian and the right of any other person to report to a humane officer any animal found, reasonably known or believed to be abandoned, neglected or cruelly treated

Such veterinarian or other person may not be subject to any civil or criminal liability as a result of such reporting

Duty and immunity provision covers animals that have been abandoned, neglected, or cruelly treated